§ 5712. — Actions by States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC5712]
TITLE 15--COMMERCE AND TRADE
CHAPTER 83--TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION
SUBCHAPTER I--REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN
CONNECTION WITH PAY-PER-CALL SERVICES
Sec. 5712. Actions by States
(a) In general
Whenever an attorney general of any State has reason to believe that
the interests of the residents of that State have been or are being
threatened or adversely affected because any person has engaged or is
engaging in a pattern or practice which violates any rule of the
Commission under section 5711(a) of this title, the State may bring a
civil action on behalf of its residents in an appropriate district court
of the United States to enjoin such pattern or practice, to enforce
compliance with such rule of the Commission, to obtain damages on behalf
of their residents, or to obtain such further and other relief as the
court may deem appropriate.
(b) Notice
The State shall serve prior written notice of any civil action under
subsection (a) of this section upon the Commission and provide the
Commission with a copy of its complaint, except that if it is not
feasible for the State to provide such prior notice, the State shall
serve such notice immediately upon instituting such action. Upon
receiving a notice respecting a civil action, the Commission shall have
the right (1) to intervene in such action, (2) upon so intervening, to
be heard on all matters arising therein, and (3) to file petitions for
appeal.
(c) Venue
Any civil action brought under this section in a district court of
the United States may be brought in the district wherein the defendant
is found or is an inhabitant or transacts business or wherein the
violation occurred or is occurring, and process in such cases may be
served in any district in which the defendant is an inhabitant or
wherever the defendant may be found.
(d) Investigatory powers
For purposes of bringing any civil action under this section,
nothing in this chapter shall prevent the attorney general from
exercising the powers conferred on the attorney general by the laws of
such State to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the production
of documentary and other evidence.
(e) Effect on State court proceedings
Nothing contained in this section shall prohibit an authorized State
official from proceeding in State court on the basis of an alleged
violation of any general civil or criminal antifraud statute of such
State.
(f) Limitation
Whenever the Commission has instituted a civil action for violation
of any rule or regulation under this chapter, no State may, during the
pendency of such action instituted by the Commission, subsequently
institute a civil action against any defendant named in the Commission's
complaint for violation of any rule as alleged in the Commission's
complaint.
(g) Actions by other State officials
(1) Nothing contained in this section shall prohibit an authorized
State official from proceeding in State court on the basis of an alleged
violation of any general civil or criminal statute of such State.
(2) In addition to actions brought by an attorney general of a State
under subsection (a) of this section, such an action may be brought by
officers of such State who are authorized by the State to bring actions
in such State for protection of consumers and who are designated by the
Commission to bring an action under subsection (a) of this section
against persons that the Commission has determined have or are engaged
in a pattern or practice which violates a rule of the Commission under
section 5711(a) of this title.
(Pub. L. 102-556, title II, Sec. 202, Oct. 28, 1992, 106 Stat. 4190.)
References in Text
This chapter, referred to in subsecs. (d) and (f), was in the
original ``this Act'', meaning Pub. L. 102-556, Oct. 28, 1992, 106 Stat.
4181, known as the Telephone Disclosure and Dispute Resolution Act. For
complete classification of this Act to the Code, see References in Text
note set out under section 5701 of this title and Tables.
Section Referred to in Other Sections
This section is referred to in section 5713 of this title.
